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PLN16-0304 - 2526 Santa Clara Avenue Unit A - Applicant: Russell Rasmussen for Craft Beer & Wine, LLC. A public hearing for Use Permit No. PLN16-0304 to amend existing Use Permit No. UP01-0034 and make a determination of public necessity and convenience to add the sales of alcohol spirits for off-premises consumption to an existing craft beer and wine store use. This project is categorically exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 - Existing Facilities.
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CITY OF ALAMEDA
COMMUNITY DEVELOPMENT DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-A
PROJECT
DESCRIPTION: PLN16-0304 - 2526 Santa Clara Avenue Unit A - Applicant: Russell Rasmussen for Craft Beer & Wine, LLC. A public hearing for Use Permit No. PLN16-0304 to amend existing Use Permit No. UP01-0034, and make a determination of public necessity and convenience to convert an existing fine wine store to a specialty alcohol store for off-site consumption. This project is categorically exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 - Existing Facilities.
GENERAL PLAN: Community Commercial
ZONING: C-C, Community Commercial District
PROJECT PLANNER: Henry Dong, Planner I
PUBLIC NOTICE: A notice for this hearing was mailed to property owners and residents within 300 feet of the site, published in local newspapers and posted in public areas near the subject property.
ATTACHMENTS: Exhibit 1 - Project Plans
Exhibit 2 - Planning Board Resolution PB01-66.
RECOMMENDATION: Approve the project with conditions.
PROPOSAL SUMMARY: Use Permit No. UP01-0034 was approved on November 13, 2001 by Planning Board Resolution No. PB01-66 (Exhibit 1, Resolution PB01-66) for an approximately 810 square foot fine wine store. The applicant, Craft Beer & Wine, LLC, proposes to amend Use Permit No. UP01-0034 to add the sale of specialty alcohol for off-site consumption to the existing fine wine retail store (Exhibit 2, Project Plans). The proposal will utilize a minimum of eighty percent of the retail floor area for fine wines and craft beers, and a maximum of twenty percent of the floor area for specialty alcohol. The State Department of Alcohol Beverage Control, prior to amending the licensing of the off-sale alcohol establishment to include off-sale alcohol spirits within an area of undue concentration or high crime (as defined by State law), requires business operators to obtain a Determination of Public Convenience or Necessity from the City.
FINDINGS:
1. The location of the proposed use is compatible with other land uses in the general neighborhood area, and the project design and size is architecturally, aesthetically, and operationally harmonious with the community and surrounding development.
The proposed sale of specialty alcohols for off-site consumption is consistent with the existing fine wine and craft beer retail use, and is compatible with the commercial and shopping nature of the area. The Community Commercial District is intended to provide a variety of neighborhood serving establishments along Park Street. The proposal to expand the selection of products for customers at an existing alcohol retail establishment is consistent with that goal. Furthermore, the proposed use permit amendment will not modify the architecture or aesthetics of the existing building. Therefore, the proposal will not adversely affect surrounding development.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
The existing establishment is already served by adequate transportation and service facilities. The addition of specialty alcohol sales will not significantly generate additional traffic or service requirements. The site contains an existing alcohol retailer that currently sells fine wine and craft beer for off-site consumption within an approximately 810 square foot store. The proposed use amendment will not generate a large influx of additional customers because many of the same customers who currently shop at Craft Beer & Wine will continue to shop there with the additional benefit of "one stop" shopping for specialty alcohols. Therefore, the addition of specialty alcohols will not materially increase the number of truck deliveries or vehicles, and the additional traffic generated by the addition of alcoholic beverages will be negligible.
3. The proposed use, if it complies with all conditions upon which approval is made contingent, will not adversely affect other property in the vicinity and will not have deleterious effects on existing business districts or the local economy.
The business operates Monday to Saturday from 10:00 a.m. to 7:00 p.m. and on Sunday from 12:00 p.m. to 5:00 a.m. There are no operational changes being proposed other than the addition of off-sale specialty alcohol sales to the existing fine wine and craft beer retail store. The sale of alcoholic beverages will be conducted in compliance with the approved conditions of approval, and the activity will not adversely affect properties in the vicinity. The Alameda Police Department advised on June 30, 2016 that there were no public safety concerns with the proposed use permit amendment (Exhibit 3, Comments).
4. The proposed use relates favorably to the General Plan.
The site is located within an area designated by the General Plan as Community Commercial. The proposed use is consistent with this land use designation. Furthermore, General Plan Guiding Policy 2.5.a calls for “providing enough retail services to enable Alameda to realize its full retail sales potential and provide residents with the full range of business and services.” The proposed use permit amendment is consistent with the General Plan.
5. The issuance of the Public Convenience or Necessity determination to allow a license to sell beer, wine and distilled spirits at the proposed location will not be detrimental to the surrounding area and will serve a public convenience or necessity by providing one-stop shopping opportunity to customers of the business. The existing Craft Beer & Wine retail store is located along Santa Clara Avenue within the Park Street commercial district, which is regarded as a primary destination for Alameda residents for goods and services. While many businesses along Park Street hold liquor licenses, the majority are restaurants that provide alcoholic beverages for on-site consumption. The addition of providing alcoholic spirits to the existing Craft Beer & Wine store will provide a "one-stop" shopping experience for customers also looking to purchase alcohol spirits. This convenience will result in increased efficiency for shoppers. Furthermore, the sale of alcoholic spirits is typical for a retail use that also sells beer and wine products. Although according to the State Department of Alcohol and Beverage Control, the subject site is located within an area of “undue concentration” of liquor licenses, the negative effects normally associated with the over-concentration of businesses selling alcohol within a particular geographic area, including increased crime, loitering, etc., are not evident along the Park Street commercial district. The Alameda Police Department advised on June 30, 2016 that there were no public safety concerns with the proposed use permit amendment. Additionally, the City’s General Plan encourages a concentration of such uses within the commercial districts in order to minimize potential impacts to other neighborhoods. Therefore, issuance of the requested alcoholic beverage license will serve a public convenience and will not prove detrimental to public health and safety or welfare.
CONDITIONS:
1. Use Permit Amendment. Conditions relating to the Use Permit Approval No. UP01-0034 are incorporated by reference, except where modified in the conditions herein.
2. Compliance with Conditions. The applicant/property owner shall ensure compliance with all of the following conditions. Failure to comply with any condition may result in construction being stopped, issuance of citation, and/or modification or revocation of the Permit.
3. Compliance with City Ordinances. The approved use is subject to, and shall comply with, all applicable City Ordinances and laws and regulations of other governmental agencies.
4. Compliance with Plans. Use of the subject property shall be in substantial compliance with the use permit application submittal dated June 6, 2016, by Russel Rassmussen, on file in the City of Alameda Community Development Department, except as modified by the conditions listed in this report.
5. Changes to Approved Plans: This approval is limited to the scope of the project defined in the project description and does not represent a recognition and/or approval of any work completed without required City permits. Any changes to the approved scope of the project shall be submitted to the Community Development Department for review and approval.
6. Alcohol Sales: The applicant shall obtain all required permits from the CA Department of Alcoholic Beverage Control prior to operating the component of their business that includes the sale of off-site alcohol spirits. Alcohol spirits products shall not occupy more than twenty percent of the retail sales floor area.
7. Limitations of this Permit: The sale of the following types of alcoholic beverage products are excluded from this permit:
a. Distilled spirits in bottles sizes smaller than 200ml.
b. Malt liquors or ice beers.
c. Malt beverages and wine coolers of 16 oz. or less in single containers (these beverages shall be sold in manufacturers’’ pre-packaged multi-unit quantities).
d. Any wine with alcoholic content greater than 20% by volume except for “Dinner Wines,” as defined by the Department of Alcoholic Beverages Control, which have been aged two years or more and maintained in cork bottles.
e. Wine in bottles or containers smaller than 350ml.
8. Signs: All signage on the premises shall comply with the City Sign Regulations and permitting requirements set forth in AMC Section 30-6.
9. Waste, Recycling, and Composting. The establishment shall recycle cans or bottles that are subject to the State of California Container Deposit Law and comply with all local, state, and regional laws requiring source-separation of waste material for recycling and composting.
10. Vesting: The Use Permit approval shall expire two (2) years after the date of approval or by July 19, 2018 unless authorized construction or use of the property has commenced. The applicant may apply for a time extension, not to exceed two (2) years. An extension request will be subject to approval by the Zoning Administrator and must be filed prior to the date of expiration.
11. Revocation: This Use Permit may be modified or revoked by the Zoning Administrator, pursuant to Alameda Municipal Code Section 30-21.3d should the Zoning Administrator determine that: 1) the use or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity; 2) the property is operated or maintained so as to constitute a public nuisance; or 3) the use is operated in violation of the conditions of the Use Permit.
12. Indemnification: The Applicant shall defend (with counsel reasonably acceptable to the City), indemnify, and hold harmless the City of Alameda, the Alameda City Planning Board and their respective agents, officers, and employees from any claim, action, or proceeding (including legal costs and attorney’s fees) against the City of Alameda, Alameda City Planning Board, and their respective agents, officers, or employees to attack, set aside, void or annul, an approval by the City of Alameda, the Community Development Department, Alameda City Planning Board, the City of or City Council related to this project. The City shall promptly notify the Applicant of any claim, action, or proceeding and the City shall cooperate in such defense. The City may elect, in its sole discretion, to participate in the defense of said claim, action, or proceeding. No judicial proceedings subject to review pursuant to California Code of Civil Procedure Section 1094.5 may be prosecuted more than ninety (90) days following the date of this decision plus extensions authorized by California Code of Civil Procedure Section 1094.6.
DECISION:
Environmental Determination:
The Zoning Administrator has determined this project qualifies for a Class 1 Categorical Exemption and no additional environmental review is necessary pursuant to CEQA Guidelines Section 15301 - Existing Facilities. The project consists of an amendment to an existing use permit (UP01-0034) to convert an existing fine wine retail store to an alcohol specialty store for off-site consumption involving negligible or no expansion of the use beyond that which exists.
Use Permit:
The Zoning Administrator approves the Use Permit with conditions.
The decision of the Zoning Administrator shall be final unless appealed to the Planning Board, in writing and within ten (10) days of the decision.
Approved by: Date:
Zoning Administrator
Exhibits
1. Planning Board Resolution PB01-66
2. Project Plans
3. Comment from Alameda Police Department